Scott Horton has a typically must-read post today at Harpers.com on Jose Padilla's lawsuit against John Yoo, which, happily, just survived a motion to dismiss and appears to be headed to trial. Scott takes apart the state-secrets defense advanced by both Yoo and -- predictably -- the secrecy-obsessed Obama administration. Here's a taste: In seeking dismissal, Yoo argued that the case...
The Public Editor of The New York Times has a nice piece today criticizing the newspaper's "seriously flawed and greatly overplayed" front-page article “1 in 7 Detainees Rejoined Jihad, Pentagon Finds.” Others have thoroughly debunked similar Pentagon reports -- see here, for example. I just want to call attention to the following paragraph from the Public Editor's article, which is...
In various posts on OJ about Predator drones, targeted killing, and such topics, I've made reference to a book chapter I've been drafting for Benjamin Wittes's forthcoming edited volume of policy essays, Legislating the War on Terror: An Agenda for Reform (Brookings Institution Press 2009). I'm pleased to say that my chapter, Targeted Killing in US Counterterrorism Strategy and Law,...
Last month, the Obama Administration informed the Senate of its treaty priorities via a letter from the State Department (you can access it here). The letter lists 17 treaties for which the Administration seeks Senate advice and consent "at this time," including (as predicted here and here) CTBT, CEDAW, and UNCLOS. It also lists 12 treaties "on which...
I'm on the fly, but quickly wanted to post this update to my earlier posts on targeted killings and Predator strikes. The UN Special Rapporteur on extrajudicial execution, Philip Alston, has called for an investigation into US Predator drone attacks. Here is a quick news story on it. I think the press account somewhat overstates matters - I would characterize...
Karen DeYoung has a very interesting account of the on-going Predator drone campaign in Pakistan, on the front page of the Monday, June 1, 2009 Washington Post, "Al Qaeda Seen as Shaken in Pakistan." The story is sourced to US intelligence and military officials, as well as some Pakistani officials, and recounts how the Pakistani army's campaign to retake the Swat...
Jack Goldsmith observes in a Washington Post op-ed that when one avenue of national security closes, another is opened up, sometimes with worse collateral consequences for third parties. As he says: Demands to raise legal standards for terrorist suspects in one arena often lead to compensating tactics in another arena that leave suspects (and, sometimes, innocent civilians) worse off. I think this...
I want to believe in the Human Rights Council, and I hope its new members -- including the US -- will improve things. But the HRC's "response" to the conflict in Sri Lanka is simply appalling. Here are a couple of paragraphs from the resolution the Council passed praising the Sri Lankan government, which reads like something out...
Former State Department Legal Advisor John Bellinger, who is now at Arnold & Porter and also an Adjunct Senior Fellow at the Council on Foreign Relations, has an interesting op-ed in yesterday’s Wall Street Journal. The U.S. government can and should be a strong voice for redress of human-rights abuses around the world. But these lawsuits, which are being brought under...
Today's New York Times leads with the story of Pentagon plans to form a new cybercommand: The Pentagon plans to create a new military command for cyberspace, administration officials said Thursday, stepping up preparations by the armed forces to conduct both offensive and defensive computer warfare. The military command would complement a civilian effort to be announced by President Obama on...
Following on my previous post, this is a much longer and more complete clip of the waterboarding of talk-radio host Mancow Muller. (Thanks to Roger, who found it on YouTube.) This clip includes an explanation of how waterboarding is done and includes Muller's reactions. I thought the way he explained that it was much worse than he ever would have...
Hat tip: The Faculty Lounge As if they ever go right? Anyway, this was a publicity stunt by conservative talk show host Mancow Muller, but it seems to have gone wrong in an unexpected way...
